Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Criminal Procedure > 5th Amendment - Police Interrogations > Flashcards

5th Amendment - Police Interrogations Flashcards

1
Q

5th Amendment in Police Interrogation Context

A
  • Any incriminating Statement obtained
  • As a result of custodial interrogation
  • Can’t be used against the suspect at a subsequent trial
  • Unless, police inform subject of his Miranda rights
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is a custodial Interrogation?

A

Questioning initiated by law enforcement after a pers. has been taken into custody

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Custody Defined

A
  • Custody is a substantial Seizure, defined as either:
    1. a formal arrest OR
    2. a restraint on freedom of movement to the degree assoc. with a formal arrest
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

When is a person in custody?

A
  1. When D reasonably believes he is not free to leave OR
  2. is otherwise deprived of his freedom in any significant way

Look to the totality of the circumstances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Children in Custody

A

Age is a relevant factor in determining if a child is in custody

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Custodial & Location

A
  • No requirement that it take place at station, only that a gov’t agent does the interrogating
  • Questioning at the crime scene or field investigation is NOT custody for Miranda purposes if the pers. has the right to leave the presence of the questioning officer
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Custody & the effect of imprisonment

A

Imprisonment alone doesn’t create custody w/in the meaning of Miranda

  • Objective Totality of Circ. analysis is required when inmate is interviewed. Must consider:
    • Language used in summoning the prisoner
    • Manner in which interrogation conducted
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is an interrogation?

A
  • Direct Questioning or words or actions likely to elicit incriminating response
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Interrogations & Voluntariness of Statement

A

Vol. statements are not protected by Miranda b/c not the product of interrogation

  • Confession = Involuntary if:
    • Police coerced the D into making the confession
    • Vol. v. coerced? - Determined based on TOC
      • Conduct of police
      • characteristics of D
      • Time of the statement
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Trickery/False Promises made by police

A

Might make a confession involuntary

  • BUT deceit or fraud by interrogators doesn’t make the confession involuntary
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Vol. Statements & Character of the Defendant

A

Factors used in determining the coercive nature of the confession:

  • Age
  • State of health
  • education
  • intoxication
  • Mental cond. alone CAN’T violate the voluntariness std.
    • Must also have coercive police activity
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the effect of a Break in questioning

A

Miranda protections carry over when there is a break in the interrogation process b/c of a 2nd cop after the 1st has stopped

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

When do you apply Miranda Warnings on the Bar exam?

A

ONLY when a pers. is subj to a custodial interrogation

  • If cops have no intention of questioning the pers, or
  • If pers not in police custody
  • Then, Miranda warnings aren’t applic.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

When are interrogation statements admissible

A

Anything D says is inadmiss. until he is informed of the Mirada Rights and the D waives thsoe rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What triggers the Miranda warning?

A

Custody - formal arrest, or situation where reas. pers. in suspects position would believe their freedom has been deprived to a degree analogous with a formal arrest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are the elements of a Miranda Warning?

A

Warnings do not need to be verbatim, law enforcement officials must inform D of:

  1. Right to remain silent
  2. That anything said can be used against him in court
  3. The right to the presence of an attorney AND
  4. If he cannot afford an attorney, one will be provided for him
17
Q

Timing of Miranda Warnings

A
  • Must be given b/f interrogation begins
  • If interrogation stopped for long duration, warning must be given again
18
Q

How does suspect invoke right to counsel?

A

Make a specific, unambiguous statement asserting his desire to have counsel present

  • Once invoked, all interrogation must stop until counsel is present
  • Unless, D vol. initiates communication w/ police (including spontaneous statements) or
    • 14 day break in custody & fresh miranda warnings given
19
Q

How does suspect invoke right to silence ?

A

Must make specific, unambiguous, statement asserting his desire to remain silent

  • Mere remaining silent in response to questioning doesn’t invoke the priv.
  • If invoked, priv. must be strictly honored
  • BUT if D indicates a desire to speak, then subsequent interrogation is lawful if the D is not coerced AND D must be given Miranda warnings again
20
Q

What are the exceptions to the Miranda Requirement?

A
  1. Public Safety
  2. Routine Booking Questions
  3. Undercoer Police
21
Q

Public Safety Exception

A

If the public’s safety is at risk, the police aren’t required to give Miranda warnings b/f questioning a suspect

22
Q

Routine Booking Exception

A

Allows police to ask a suspected drunken driver routine biographical questions & to videotape the driver’s responses w/out first giving the driver Miranda warnings

23
Q

Undercover police exception

A

Miranda warnings not req. if the suspect being questioned is not aware that the interrogator is a police officer

24
Q

What triggers Miranda Waiver?

A

Interrogation

25
Q

How does a suspect Waive his Miranda Rights?

A
  1. Suspect properly receives the Miranda warnings
  2. D knowingly, voluntarily, and intelligently waives the rights
  3. Silence is never sufficient for waiver
  4. Once waiver occurs, police not req. to inform suspect that counsel is attempting to reach him or inform counsel that the D is being questioned
26
Q

When are statements obtained from the D in violation of Miranda Rights Admissible?

A

To impeach a defendant at trial

  • When he takes the stand & gives testimony that contradicts previous admissions
  • to be admiss for impeachment, Statement must be voluntary & trustworthy
27
Q

Fruits of Tainted Confession - Physical Evidence

A

if obtained as result of non-Mirandized confession

  • admiss. if confession not coerced
28
Q

Fruits of Tainted Confession - Second Confession

A

Miranda viol. doesn’t auto. require the supression of incriminating statements made after getting Miranda Warnings

  • Giving warnings removes the taint or prior Miranda viol.
  • 2nd conf. is not admiss. if their aim is to deliberately bypass the effect of Miranda warnings
29
Q

Do police have to give Miranda Warnings at a Terry Stop?

A

No, a Terry Stop lacks the custody triggering a Miranda Warning

30
Q

If a suspect invokes their right to counsel, questioning must stop and can’t resume unless?

A
  1. An attorney is present during the interrogation
  2. D re-initiates the contact with police OR
  3. Two weeks have elapsed and the suspect is given a new Miranda warning
31
Q

What are the 4 bases to exclude statements & confessions?

A
  1. By actual coercion
  2. When D had right to counsel
  3. With no Miranda Warnings given
  4. As fruits of illegal conduct

Criminal Procedure (13 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions